Claiming common law damages is often a complex process, the legislation is technical and time requirements stringent. For examples, damages can be retrieved in a worker’s compensation case if the injury sustained is a ‘serious’ injury, diagnosed by a 30% or greater impairment or has caused permanent and serious loss of body function, disfigurement, mental or behavioural disorder/disturbance, or a loss of foetus.
Our Dandenong based compensation lawyers will conduct a claim assessment to help you understand whether you can bring a common law claim, and if so, all the options available to you.
We consider negligence, breach of statutory duty, negligence and where relevant, contributory negligence, to get a broad idea of the entitlement you can potentially receive. In some cases, the damages obtained can be lesser than the legal minimum amount for injuries, requiring each side to bear its own costs.
We try for an early resolution of your claim, planning and leading negotiations, mediation and conferences. Genuine attempts at out-of-court settlements can work in your favour, particularly if the other party wants to avoid any potential reputation damage or high legal costs arising from court proceedings. If court proceedings become unavoidable, our compensation litigation team gets started on case preparation and provides you legal guidance, with the objective of achieving the best possible outcome.